Month: November 2016

A defendant may tender the amount it estimates the plaintiff is entitled to under the Automobile Sales Finance Act without admitting liability, and may recover the tendered sum plus costs and attorney fees if the plaintiff recovers less at trial. Civ. Code 2983.4 allows a defendant to be deemed a prevailing party entitled to a…

In an eminent domain proceeding, once the defendant owner proves it has goodwill to lose, it may use any reasonable method to prove the amount of goodwill lost due to condemnation of its real property. To recover lost goodwill as in an eminent domain proceeding, the defendant owner must first prove that it had goodwill…

Debtor who failed to appeal within the 14-day bankruptcy appeal deadline from an order denying his third motion to reconsider denial of motion for sanctions for violation of the automatic stay, could not cure the untimeliness of the appeal by use of a petition for writ of mandate. A petition for writ of mandate cannot…

In an insurance bad faith case, the trial court properly remitted punitive damages from the $19 million awarded by the jury to $475,000, which was ten times the actual damages awarded. This decision affirms a trial court’s remittitur of punitive damages in an insurance bad faith case from the $19 million awarded by the jury…

Insurers owe emergency service providers a duty of care not to delegate responsibility to pay for emergency services to a medical provider that the insurer knows or should know is insolvent and unable to pay the providers’ claims. Under state and federal law, emergency medical facilities are required to provide their emergency services without regard…

Trial court correctly refused to compel arbitration of this suit which the plaintiff employee brought solely under PAGA (the Private Attorneys General Act of 2004), since even if a PAGA claim may be brought on an individual basis, it is still a claim by the state, not by the private attorney general, and so cannot…

The three-month deadline for filing a motion to vacate an arbitration award may be tolled by delayed discovery of an arbitrator’s deliberate and material deception as to his credentials. Ordinarily, a motion to vacate an arbitration award must be filed within 3 months after the award is filed or delivered. 9 USC 12. However, this…

Former city parks employee claimed he was fired for opposing discriminatory practices against disabled citizens who used the parks, but he could not state a cause of action based on the California Fair Housing & Employment Act since that statute does not protect employees against retaliation for opposing discriminatory practices against non-employee customers or clients. …

Triable issues of fact existed on plaintiff’s disability discrimination claim after she was fired for tardiness due to recurrent doctor appointments and medical problems which resulted from what turned out to be a benign tumor. The trial court erred in granting defendant summary judgment in this disability discrimination case. Plaintiff had a stomach tumor which…

Despite denial of an attorney at initial investigation interview for excessive force complaint, police officer could not state a claim based on the Public Safety Officers Procedural Bill of Rights Act since he retained his prior employment at his same salary and thus suffered no adverse employment action. A police officer was interviewed twice about…

A plaintiff cannot state claims against a payroll processor for violation of the Fair Labor Standards Act or Labor Code sections requiring payment of minimum wages since the payroll processor is not actually the plaintiff’s employer. Plaintiff alleged she was not paid minimum wages due under California law, in part due to the failure of…

The Workers Compensation Act did not preempt plaintiff’s claim for intentional infliction of emotional distress caused by her co-workers who staged a mock robbery at her cashier’s window, since the Act does not preempt intentional torts that are not part of the compensation bargain. The Workers Compensation Act did not preempt plaintiff’s claim for intentional…